Preservation for electronic discovery has become a complicated, multi-faceted, steadily changing concept in recent years. Starting with the nebulous determination of when the duty to preserve arises, then continuing into the litigation hold process (often equated to the herding of cats) and the staggering volumes of material which may need to be preserved in multiple global locations, platforms and formats, the task of preservation is an enormous challenge for the modern litigator. Seeking a foundation in reasonableness, wrestling with the scope of preservation is often an exercise in finding an acceptable balance between offsetting the risks of spoliation and sanctions related to destruction of evidence, against allowing the business client to continue to operate its business in a somewhat normal fashion.
Preservation
Ediscovery Guide
Preservation Articles
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How to Provide Non-Parties With Notice to Preserve Documents
Sometimes, electronic discovery takes us outside the realm of just the plaintiff and defendant - a third party can also be put on notice to preserve documents for litigation.
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eDiscovery Preservation: Legal Requirements
The duty to preserve evidence to be used in a contested matter, such as a litigation or governmental investigation, certainly pre-dates electronically stored information and the resultant process of electronic discovery.
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eDiscovery Preservation: Implementation Considerations
Be ready with all arguments on what is reasonable to preserve and what is not.
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Preservation: Considerations
Because the duty to preserve is one that hinges on the timing of its attachment, it is of vital importance to be proactive in preparing an environment in which compliant preservation will be possible.
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eDiscovery Preservation Overview
Preservation for electronic discovery has become a complicated, multi-faceted, steadily-changing concept in recent years.
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eDiscovery Preservation: Implementation
When considering the scope of the preservation obligation, it should be noted that not all cases are created equal.
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When the Duty to Preserve Relevant Materials Arises
Learn more about general rules and specific situtations where the duty to preserve relevant materials is triggered.
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Preservation: Preservation Letters
It is becoming commonplace for a party who seeks information in a dispute to issue a preservation letter to the adverse party.
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Preservation: Additional Materials
A list of supporting resources by type.